Warman v. Mount St. Joseph University et al
| Matthew Warman |
| Mount St. Joseph University, Mount St. Joseph Police Department, Kevin Koo, Norb Koopman, Karen Elliott, Amy Metzger, Paige Ellerman, Nancy Hinzman, John Does 1-20, ABC Agency, Inc. 1-5, Amy Denko, Paige Ellerman, Esq., Ron Willison and Federal Bureau of Investigation |
| 1:2022cv00229 |
| April 28, 2022 |
| US District Court for the Southern District of Ohio |
| Timothy S Black |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 3, 2024. A more recent docket listing may be available from PACER.
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Filing 29
AFFIDAVIT by Plaintiff Matthew Warman. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit) (Berutti, Ronald)
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Filing 28
RESPONSE in Opposition re #23 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Matthew Warman. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit) (Berutti, Ronald)
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Filing 27
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #26 Response in Opposition to Motion filed by Matthew Warman., and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #26 Response in Opposition to Motion filed by Matthew Warman. as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 4/26/2023. (md)
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Filing 26
RESPONSE in Opposition re #23 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Matthew Warman. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit) (Berutti, Ronald)
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Filing 25
Second MOTION for Extension of Time to File New date requested 4/25/2023. by Plaintiff Matthew Warman. (Attachments: #1 Text of Proposed Order) (Berutti, Ronald) Modified motion event on 3/30/2023 (eh).
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Notation Order: This civil action is before the Court on Plaintiff's second motion for extension of time to respond to the MSJU Defendants' second motion to dismiss. (Doc. #25 ). The motion is opposed. Plaintiff seeks an additional 21 days to respond to the motion to dismiss, leading to a total of 8 weeks for Plaintiff to respond. Plaintiff is establishing a history of seeking lengthy extensions of time. (E.g., Docs. #11 , #12 , #13 , #14 , #24 , #25 ). Moreover, the Court notes that all of Plaintiff's extensions of time focus on whether his attorney Ronald Berutti, who is admitted pro hac vice, is able to timely respond. However, Mr. Berutti is not Plaintiff's only counsel. Plaintiff is also represented by Matthew Okiishi, who is Trial Attorney and should be (but has not been) identifying himself and signing each filing. See S.D. Ohio Civ. R. 83.4(a). Nevertheless, the Court will give Plaintiff one final extension and GRANTS the motion. No additional extensions of time to respond to the second motion to dismiss will be granted. Failure to submit a response by the new deadline will result in the second motion to dismiss being treated as unopposed. Continued failure to abide by Local Rules will result in the imposition of sanctions, potentially including dismissal of the action with prejudice. Plaintiff shall respond on or before 4/25/2023. The MSJU Defendants shall have 21 days after the date of service of the opposition to submit a reply. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 3/30/2023. (rrs)
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Filing 24
First MOTION for Extension of Time to File New date requested 4/4/2023. by Plaintiff Matthew Warman. (Attachments: #1 Text of Proposed Order) (Berutti, Ronald)
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Notation Order: This civil action is before the Court on Plaintiff's unopposed motion for extension of time (Doc. #24 ) to file his response to the MSJU Defendants' motion to dismiss. Also, although not discussed in the motion, Plaintiff's proposed order suggests that Defendants' "time of reply [should be] extended for 7 days from its current due date." (Doc. #24 -1). For good cause shown, the motion is GRANTED. Plaintiff shall have up to and including 4/4/2023 to submit a memorandum in opposition. Additionally, for clarity, the MSJU Defendants shall have 21 days after the date of service of the memorandum in opposition to submit a reply memorandum. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 3/15/2023. (rrs)
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Set/Reset Deadlines (rrs)
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Filing 23
Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Paige Ellerman, Esq., Karen Elliott, Nancy Hinzman, Kevin Koo, Norb Koopman, Amy Metzger, Mount St. Joseph Police Department, Mount St. Joseph University. (Linder, Ilana)
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Notation Order: This civil action is before the Court on the MSJU Defendants' motion to exceed page limit when filing their motion to dismiss the amended complaint. (Doc. #22 ). Plaintiff does not oppose the motion. However, the motion is unnecessary so long as Defendants follow Local Rule 7.2(a)(3). See also Judge Black's Cincinnati Civil Procedures ("No motion for leave to file a pleading of more than 20 pages is required."). Nevertheless, the motion is GRANTED. Defendants shall separately file their motion to dismiss on or before 3/1/2023. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 2/28/2023. (rrs)
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Filing 22
Second MOTION for Leave to File Excess Pages by Defendants Paige Ellerman, Esq., Karen Elliott, Nancy Hinzman, Kevin Koo, Norb Koopman, Amy Metzger, Mount St. Joseph Police Department, Mount St. Joseph University. (Attachments: #1 Exhibit Motion to Dismiss Second Amended Complaint, #2 Text of Proposed Order Proposed Order Granting Motion to Exceed) (Linder, Ilana)
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Filing 21
Summons Issued as to Federal Bureau of Investigation, Ron Willison. (bjc)
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Filing 20
REQUEST for Issuance of Summons. (Berutti, Ronald)
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Filing 19
REQUEST for Issuance of Summons. (Berutti, Ronald)
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Filing 18
AMENDED COMPLAINT against Ron Willison, Federal Bureau of Investigation, filed by Matthew Warman. (Berutti, Ronald)
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Filing 17
ORDER denying Defendants' joint Motion to Dismiss (Doc. #10 ) and granting leave to amend the complaint. Signed by Judge Timothy S. Black on 1/25/2023. (rrs)
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Filing 16
REPLY to Response to Motion re #10 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Paige Ellerman, Esq., Karen Elliott, Nancy Hinzman, Kevin Koo, Norb Koopman, Amy Metzger, Mount St. Joseph Police Department, Mount St. Joseph University. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C) (Linder, Ilana)
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Filing 15
RESPONSE in Opposition re #10 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Matthew Warman. (Berutti, Ronald)
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Set/Reset Deadlines (rrs)
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Notation Order: This civil action is before the Court on Plaintiff's opposed motion for extension of time (Doc. #14 ) to file his response to Defendants' motion to dismiss, which response was originally due on 9/20/2022. Plaintiff titles the motion as his third request for extension of time, but it is his fourth. (See Docs. #11 , #12 , #13 , #14 ). In his third request, Plaintiff asked for a deadline of 11/28/2022; however, he now requests until 12/5/2022, so his response is not due the Monday after the Thanksgiving holiday. Given the circumstances surrounding Plaintiff's request, the Court GRANTS Plaintiff's fourth motion for extension of time. (Doc. #14 ). Plaintiff shall respond to the motion to dismiss on or before 12/5/2022. Counsel is advised that no additional extensions of time to respond to the motion to dismiss will be granted. Failure to submit a response on or before 12/5/2022 will result in the motion to dismiss (Doc. #10 ) being treated as unopposed. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 11/22/2022. (rrs)
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Filing 14
Third MOTION for Extension of Time to File New date requested 12/5/2022. by Plaintiff Matthew Warman. (Attachments: #1 Text of Proposed Order) (Berutti, Ronald)
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Filing 13
Second MOTION for Extension of Time to File Response/Reply New date requested 11/28/2022. by Plaintiff Matthew Warman. (Attachments: #1 Text of Proposed Order) (Berutti, Ronald)
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Notation Order: This civil action is before the Court on Plaintiff's second unopposed motion of extension of time to respond to the motion to dismiss. (Doc. #13 ). For good cause shown, the motion is GRANTED. Plaintiff shall respond to the motion to dismiss on or before 11/28/2022. IT IS SO ORDERED.Signed by Judge Timothy S. Black on 11/2/2022. (rrs)
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Filing 12
First MOTION for Extension of Time to File Response/Reply New date requested 11/11/2022. by Plaintiff Matthew Warman. (Attachments: #1 Text of Proposed Order) (Berutti, Ronald)
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Notation Order: This civil action is before the Court on Plaintiff's unopposed motion of extension of time to respond to Defendants' motion to dismiss. (Doc. #12 ). For good cause shown, the motion is GRANTED. Plaintiff shall respond to the motion to dismiss on or before 11/11/2022. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 10/19/2022. (rrs)
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Filing 11
First MOTION for Extension of Time to File New date requested 10/18/2022. by Plaintiff Matthew Warman. (Berutti, Ronald)
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Notation Order: This civil action is before the Court on Plaintiff's unopposed motion for extension of time to respond to Defendants' motion to dismiss. (Doc. #11 ). Although filed as a motion, the document is styled as a letter to the Court, which is not permitted unless requested by the Court or advising of settlement. See Local Rule 7.2(c). However, for efficiency and for good cause shown, the request (Doc. #11 ) is GRANTED. Plaintiff shall respond to the motion to dismiss on or before 10/28/2022. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 9/7/2022. (rrs)
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Set/Reset Deadlines (rrs)
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Filing 10
First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Paige Ellerman, Esq., Karen Elliott, Nancy Hinzman, Kevin Koo, Norb Koopman, Amy Metzger, Mount St. Joseph Police Department, Mount St. Joseph University. (Linder, Ilana)
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Notation Order: This civil action is before the Court on Defendants' unopposed motion to exceed page limit when filing their motion to dismiss the complaint. (Doc. #9 ). For good cause shown, the motion is GRANTED. Defendants shall separately file their motion to dismiss within three (3) days of this Order. Defendants' motion shall comply with Local Rule 7.2(a)(3). IT IS SO ORDERED. Signed by Judge Timothy S. Black on 8/30/2022. (rrs)
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Filing 9
First MOTION for Leave to File Excess Pages by Defendants Paige Ellerman, Esq., Karen Elliott, Nancy Hinzman, Kevin Koo, Norb Koopman, Amy Metzger, Mount St. Joseph Police Department, Mount St. Joseph University. (Attachments: #1 Exhibit Proposed Motion to Dismiss) (Linder, Ilana)
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Filing 8
AMENDED COMPLAINT against ABC Agency, Inc. 1-5, John Does 1-20, Paige Ellerman, Esq., Karen Elliott, Nancy Hinzman, Kevin Koo, Norb Koopman, Amy Metzger, Mount St. Joseph Police Department, Mount St. Joseph University, filed by Matthew Warman. (bjc)
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Filing 7
STIPULATION TO FILE PLAINTIFF'S AMENDED COMPLAINT by Plaintiff Matthew Warman. (Attachments: #1 Exhibit Amended Verified Complaint and Jury Demand) (Okiishi, Matthew)
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Filing 6
NOTICE by Plaintiff Matthew Warman re #4 Waiver of Service Executed,, (Okiishi, Matthew)
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Filing 5
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #4 Waiver of Service Executed,, filed by Matthew Warman, and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #4 Waiver of Service Executed, filed by Matthew Warman as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 5/19/2022. (kl)
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Filing 4
WAIVER OF SERVICE Returned Executed. Waiver sent to Paige Ellerman, Esq. on 5/13/2022, answer due 7/12/2022; Karen Elliott on 5/13/2022, answer due 7/12/2022; Nancy Hinzman on 5/13/2022, answer due 7/12/2022; Kevin Koo on 5/13/2022, answer due 7/12/2022; Norb Koopman on 5/13/2022, answer due 7/12/2022; Amy Metzger on 5/13/2022, answer due 7/12/2022; Mount St. Joseph Police Department on 5/13/2022, answer due 7/12/2022; Mount St. Joseph University on 5/13/2022, answer due 7/12/2022. (Okiishi, Matthew)
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Filing 3
NOTICE of Appearance by Ilana Lauren Linder for Defendants Paige Ellerman, Esq., Karen Elliott, Nancy Hinzman, Kevin Koo, Norb Koopman, Amy Metzger, Mount St. Joseph Police Department, Mount St. Joseph University (Linder, Ilana)
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NOTATION ORDER granting #2 Motion for Leave to Appear Pro Hac Vice of Ronald Anthony Berutti as Co-Counsel. Co-Counsel is directed to register for e-filingthrough PACER unless they have done so previously. Signed by Magistrate Judge Stephanie K. Bowman on 5/3/2022. (eh)
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Filing 2
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8843670) of Ronald Anthony Berutti, Esq. by Plaintiff Matthew Warman. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order Order Granting Motion for Admission Pro Hac Vice of Ronald Anthony Berutti, Esq.) (Okiishi, Matthew)
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Filing 1
COMPLAINT with JURY DEMAND Verified against All Defendants, filed by Matthew Warman. (Attachments: #1 Exhibit Exhibit A -Memorandum, #2 Exhibit Exhibit B-Evaluation, #3 Civil Cover Sheet) (Okiishi, Matthew)
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If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (kl)
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